COMMISSIONER OF INCOME TAX vs. M/S. ARUN EXCELLO CONSTRUCTI

TCA.No.452 of 2018 In the High Court of Judicature at Madras Dated : 28.08.2019 Coram : The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Tax Case Appeal No.452 of 2018 Commissioner of Income Tax, Non Corporate Circle, Chennai. ...Appellant Vs M/s.Arun Excello Homes Pvt. Ltd., 18, Bhattad Towers, West Cott Road, Royapettah, Chennai - 600 014. PAN: AAUFA2577J ...Respondent APPEAL under Section 260A of the Income Tax Act, 1961 against the order dated 31.01.2018 made in ITA.No.2197/MDS/2017 on the file of the Income Tax Appellate Tribunal, Chennai 'A' Bench for the assessment year 2012-13. For Appellant : Mr.M.Swaminathan, SSC and Ms.V.Pushpa, SC For Respondent : No appearance JUDGMENT (Judgment was delivered by T.S.Sivagnanam,J.) We have heard Mr.M.Swaminathan, learned Senior Standing Counsel, and Ms.V.Pushpa, learned Standing Counsel appearing for the appellant/revenue. 1/4 http://www.judis.nic.in TCA.No.452 of 2018 2.This appeal, filed by the Revenue under Section 260A of the Income Tax Act, 1961 is directed against the order dated 31.01.2018 made in ITA.No.2197/MDS/2017 on the file of the Income Tax Appellate Tribunal, Chennai 'A' Bench for the assessment year 2012-13. 3.The appeal was admitted on 03.09.2018 on the following substantial question of law : “Whether the Tribunal was right in holding that the provision of Section 14A read with Rule 8D will have no applicability if there is no exempt income received/earned during the previous year, though the disallowance is linked to expenditure incurred on investment fetching exempt income?" 4.The learned Senior Standing Counsel for the appellant submits that the above appeal is not pursued by the Revenue on account of the low tax effect in terms of Circular No.17/2019 dated 08.8.2019 issued by the Central Board of Direct Taxes. By the said Circular, the monetary limit for filing or pursuing an appeal before the High Court has been increased to Rs.1 Crore. It is further submitted that the tax effect in this case is less than the threshold limit. 2/4 http://www.judis.nic.in TCA.No.452 of 2018 5.In the light of the said submissions, the above tax case appeal is dismissed on account of the low tax effect. The substantial question of law framed is left open. In the event the tax effect is above the threshold limit fixed in the said circular, liberty is granted to the Revenue to make a mention to this Court to restore the appeal to be heard and decided on merits. No costs. (T.S.S.J.) (V.B.S.J.) 28.08.2019 cse Speaking (or) Non Speaking Order Index : Yes (or) No To 1.M/s.Arun Excello Homes Pvt. Ltd., 18, Bhattad Towers, West Cott Road, Royapettah, Chennai - 600 014. 2.The Income Tax Appellate Tribunal, Chennai 'A' Bench. 3/4 http://www.judis.nic.in TCA.No.452 of 2018 T.S.SIVAGNANAM,J. AND V.BHAVANI SUBBAROYAN,J. cse TCA.No.452 of 2018 28.08.2019 4/4 http://www.judis.nic.in